Hi! I'm planning to apply under the Express Entry Track and I have discussed my case extensively with an agency before paying the fee. It's a well-known agency and they have a lot of successful applicants. They reassured me that there will be no complications and I won't have any problems with my case. However, when a friend of mine who has been based in Canada since 2009 told me that there might be a legal problem, I started thinking. I am legally married with a child. My husband and I separated in 2012 and we filed for annulment in 2014. My lawyer predicts that my annulment will get finalized by January 2015. As some situations are beyond our control, I fell in love with another man from another country several months after my annulment started. We celebrate our first anniversary in June. It's a long distance relationship and the country where I'm based right now has a conservative culture so we cannot reside in the same house. The man visited me several times and we have plans of settling down when we could. When my parents found out about it, they expressed their disagreement. They are against interracial relationships. Because of that, settling down might not be in the near future. The agency mentioned that I could bring my partner along with me as a conjugal partner in my Express Entry application. I'm also planning to include my child as my dependent in the application as well. My partner has not met my child yet due to the annulment proceedings but I'm going to introduce my child to him after I get annulled. As I have already paid, the agency would like to process my application already. Will there be a problem with this? If my application succeeds and my annulment is not finalized yet, do I need to file a divorce case again in Canada? I am willing to wait some more if it's not the right time for me to file now. Please advise. Thanks!
Express Entry - Conjugal Partner
- Thread starter maryann14
- Start date
Conjugal partner is not a legal term. Legal term is common-law partner [1]. So if you can prove him as a common-law partner then yes you can go ahead with the application. But you won't be able to prove him as a common-law partner since you have not been living together [2].
[1] - http://www.cic.gc.ca/english/helpcentre/answer.asp?q=346&t=14
[2] - http://www.cic.gc.ca/english/helpcentre/answer.asp?q=347&t=14
Ask for money back from your agency, and pay us some for the free advice. Agencies can mis-represent you and legally they are off the hook; you will be the one held responsible by CIC.
[1] - http://www.cic.gc.ca/english/helpcentre/answer.asp?q=346&t=14
[2] - http://www.cic.gc.ca/english/helpcentre/answer.asp?q=347&t=14
Ask for money back from your agency, and pay us some for the free advice. Agencies can mis-represent you and legally they are off the hook; you will be the one held responsible by CIC.
The agency has no idea what they are talking about. Conjugal partners cannot be included in economic class applications. Only common law partners or spouses can be included (and you are neither of those). However you can and must include your child in the application as a dependent.
Conjugal partners can only be sponsored through Family Class applications. And this is a very difficult category to qualify under since you have to prove it is impossible for you to ever get married and impossible for you to live together.
Conjugal partners can only be sponsored through Family Class applications. And this is a very difficult category to qualify under since you have to prove it is impossible for you to ever get married and impossible for you to live together.
Thank you for the replies. What are the valid reasons for not living together in order to qualify under conjugal partnership? Are the strict laws in the country I'm based (unmarried couples not allowed to live together) and my pending annulment case justifiable reasons? If we get married months after I get annulled and we mention that we have been having a relationship while my annulment case was still pending, will there be any legal repercussions? Thank you.
As I told you have to be either married or in common law. There is no other way to bring a partner, CIC won't accept justification for a conjugal partner because otherwise the system will be abused a lot. Well we aren't lawyers. These questions are better suited for a lawyer.maryann14 said:
Reply noted. If I enter Canada while my annulment case is pending, will my marital status be considered married? If my annulment gets finalized when I'm in Canada, do I need to file for divorce there as well or will the annulment that took place outside Canada be considered? Will change of name be included in the divorce process too? How long will the process take and which documents are required? Any idea about the fees? Thanks!
If the annulment is not yet processed, your marital status would be "legally separated".maryann14 said:
No, you will not need to file for divorce. Generally, if the annulment was legally granted through the courts of your country, it will be recognized in Canada. The province you reside in may require you to go through a process to recognize the foreign annulment, as some provinces do with foreign divorces.